State v. . Warren
Supreme Court of North Carolina
. MotioN for judgment upon forfeited recognizance and to amend record, heard before Philips, Judge, at October Criminal Term, 1886, of Wake Superior Court. This was a scire facias issued by the State against the defendant as bail of one Keith to show cause why the State should not have judgment against him for one hundred dollars, due by a recognizance entered into by said Keith at July Term, 1886, of Wake Superior Court, in which he had made default.
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. MotioN for judgment upon forfeited recognizance and to amend record, heard before Philips, Judge, at October Criminal Term, 1886, of Wake Superior Court. This was a scire facias issued by the State against the defendant as bail of one Keith to show cause why the State should not have judgment against him for one hundred dollars, due by a recognizance entered into by said Keith at July Term, 1886, of Wake Superior Court, in which he had made default. The defendants resisted a judgment upon a scire facias upon the grounds hereinafter set forth in affidavits, of himself and others, and His…
1Opinion of the CourtAshe, J.
(after stating the facts as above). We find no error in the judgment of the Superior Court. There are no exceptions taken below to the amendment of the record as ordered by the Court, and if there had been, it would not have availed the defendant. The Court in ordering the amendment exercised a power which is incident to every court of record. Every court has power to amend its own records so as to make them speak the truth; Parson v. Mc Bride,4 Jones, 99; State v. McAlpine, 4 Ired., 140; Ashe v. Streator, 8 Jones, 256; and this power may be exercised at any subsequent retm of the Court. And…
2Cases cited3 opinions
- Peterson v. . VannSupreme Court of North Carolina · 1880
- State Ex Rel . Lippard v. . RosemanSupreme Court of North Carolina · 1875
- Murrill v. . HumphreySupreme Court of North Carolina · 1877
3Cited by4 opinions
- State v. DammonsCourt of Appeals of North Carolina · 2003
- Shaver v. ShaverSupreme Court of North Carolina · 1958
- State v. . MorganSupreme Court of North Carolina · 1945
- Shaver v. ShaverSupreme Court of North Carolina · 1958